[Adopted 11-17-2025 by Ord. No. 1919[1]]
[1]
Editor's Note: This ordinance also repealed former Art. V, Theaters and Motion-Picture Houses, adopted as Sec. 15.09 of the Codification.
BED AND BREAKFAST ESTABLISHMENT
Means any place of lodging that provides 8 or fewer rooms for rent to no more than a total of 20 tourists or other transients for more than 10 nights in a twelve-month period, is the owner's personal residence, is occupied by the owner at the time of rental, and in which the only meal served to guests is breakfast.
HOTEL
Means all places wherein sleeping accommodations are offered for pay to transients, in five or more rooms, and places used within the building or structure.
MOTEL
Means a hotel that furnishes on premises parking for motor vehicles of guests as part of the room charge, without extra cost, and that is identified as a "motel" rather than a "hotel" at the request of the operator.
ROOMING HOUSE
Means a one- or two-family dwelling that offers overnight sleeping accommodation to an individual that is not a tourist or transient.
TOURIST ROOMING HOUSE
Means any lodging place where sleeping accommodations are offered for pay to tourists or transients, including a lodging place with four or fewer individually keyed units, a one- or two-family dwelling or condominium unit where the entire residence is rented to a tourist or transient, family or rental group, a tourist cabin or cottage, and a specialty lodging facility, exclusive of a private boarding or rooming house, a hotel or motel, or bed and breakfast establishments regulated under ATCP 73 Wis. Admin. Code.
A. 
Annual Village license required. A tourist rooming house may operate only during the term of a valid Village of Whitefish Bay tourist rooming house license, which license shall be for a term of one year or portion thereof expiring on the next June 30 after issuance or renewal. Operating a tourist rooming house without a current valid license shall be considered a violation of this article and be subject to penalties outlined in §§ 15-91 and 17-18.
B. 
Application. Application for a tourist rooming house license shall be made by the property owner in writing to the Village Clerk upon forms provided by the Village. The application must include the following:
(1) 
Address of tourist rooming house;
(2) 
Property owner's full legal name with middle initial, address, phone, and email;
(3) 
Property operator's full legal name with middle initial, date of birth, address, phone, and email, if different from the owner or if owner is a trust or entity other than an individual;
(4) 
Current floor plan for the tourist rooming house and site plan of the property showing on-site parking and trash storage areas;
(5) 
List of all property that may be used by the tourist rooming house tenants, including, for example, whether tenants are permitted to use the house, accessory structure, motor vehicles, or particular amenities of the tourist house rental property establishment;
(6) 
Select the consecutive 180-day period, consistent with § 66.1014(2)(d)(1);
(7) 
Proof that residents within 200 feet of the proposed tourist rooming house have been notified;
(8) 
Proof of valid property and liability insurance for short term rentals operation meeting minimum limits ($1,000,000 occurrence/$2,000,000 aggregate) for the tourist rooming house;
(9) 
Sellers permit issued by Wisconsin Department of Revenue;
(10) 
North Shore Health Department permit;
(11) 
Payment of administrative fee, set by the Village Board, to cover the costs to the Village of administering the above.
The Village Clerk, in his or her sole discretion, shall issue a Village tourist rooming house license upon determination that the requirements of this section have been met.
C. 
Property management requirements:
(1) 
The total number of days the dwelling may be rented for periods of more than six but fewer than 30 consecutive days shall be limited to 180 days during any 365-day period.
(2) 
The number of guests shall not exceed two per bedroom plus two additional occupants.
(3) 
The tourist rooming house shall be operated by the property owner or by a property manager designated in the village tourist rooming house application as the "designated operator."
(4) 
The property owner's and the designated operator's names, addresses, and twenty-four-hour phone numbers shall be provided in the Village tourist rooming house application and shall be updated within 72 hours upon any change in the property manager or the property manager contact information.
(5) 
The property owner or designated operator must be available 24 hours a day, seven days a week in a method specified in the application, during the period of operation designated in the Village tourist rooming house application and must reply to any such communication from the Village within 12 hours.
(6) 
Each tourist rooming house shall maintain the following written business records for each rental of the tourist rooming house: the name and address of any person renting the property, the names of all guests, the dates of the rental period, and the consideration paid for the rental. The business records shall be kept intact and available by the property owner or designated operator for inspection by representatives of the Village for at least one year from the day of the conclusion of each 180-day period of operation.
D. 
Property operational requirements:
(1) 
All tourist house rental establishments shall be subject to and comply with Wisconsin Statutes Chapter 97, including maintaining a tourist rooming house annual license as required by Wisconsin Statutes § 97.605(1)(a), which sections are incorporated herein by reference.
(2) 
All tourist house rental establishments shall be subject to and comply with Wisconsin Administrative Code Section ATCP 72, which is hereby incorporated by reference.
(3) 
The tourist rooming house shall be owned and used as a residential dwelling at all times, in accordance with § 66.1014(1)(b), Wis. Stats.
(4) 
The touring rooming house license is nontransferable with the transfer or sale of the property.
E. 
Postings:
(1) 
The tourist rooming house owner/operator shall provide a copy of this section and a copy of the license, to all parties using the tourist rooming house, prior to commencement of each such use.
F. 
Parking:
(1) 
A minimum two off-street parking spaces shall be provided on the tourist rooming house property.
(2) 
All tourist rooming house guest parking shall adhere to §§ 6-9 and 16-8.
G. 
Site appearance:
(1) 
No visible exterior evidence of the tourist rooming house use except guests and vehicles shall be permitted.
(2) 
No exterior signage related to the tourist rooming house rental use apart from property address shall be permitted.
(3) 
No outdoor storage related to the tourist rooming house use except typical residential recreational equipment, seating, outdoor cooking facilities is permitted within the rear yard.
(4) 
No recreational vehicles, campers, tents, or other temporary lodging arrangement shall be permitted to accommodate guests.
(5) 
Refuse containers shall be in a storage location when not out for collection in accordance with § 10-6.
H. 
Neighborhood impact:
(1) 
Sleeping quarters related to a tourist rooming house shall only be located within the principal structure on the property.
I. 
Advertising:
(1) 
No outdoor advertising shall be allowed on the tourist rooming house property.
(2) 
The tourist rooming house shall not be advertised off-site for availability in any form of media unless the required Village tourist rooming house license has been issued and is in good standing.
J. 
Penalties and license revocation:
(1) 
Violations of the requirements for the tourist rooming house, the tourist rooming house license, and all other requirements of the Zoning chapter are subject to separate daily fines per §§ 15-91 and 17-18 to the property owner and tourist rooming house licensee.
(2) 
The tourist rooming house license shall be revoked if the tourist rooming house has generated three or more calls for police services that have resulted in enforcement action on three separate days within a 365-day period and/or has generated three or more cases from at least three building or health inspections occurring within a one-year period, with such calls resulting in enforcement action. Three or more calls for police services resulting in enforcement action includes enforcement action taken against any person associated with the premises while at or within 200 feet of the premises.